MDL Judge Denies Plaintiff's Motion to Dismiss Claims Without Prejudice

SAN FRANCISCO - The judge overseeing the federal Bextra/Celebrex MDL has denied a discovery pool plaintiff's motion to dismiss his case without prejudice, saying that defendants would be prejudiced if the court permitted plaintiffs to abandon their actions without penalty at this stage in the litigation. In Re: Bextra and Celebrex Marketing, Sales Practices and Products Liability Litigation, MDL No. 1699; Backowski v. Monsanto Co., et al., No. 06-2086 (N.D. Calif.).

In a May 30 order, Judge Charles R. Breyer of the U.S. District Court for the Northern District of California also said that "a dismissal without prejudice would disrupt …